Lawyers challenge Alberta cap on cash for minor auto injuries
Last Updated: Tuesday, April 10, 2007 | 6:38 PM ET
CBC News
A challenge to part of Alberta's automobile insurance policy reaches a Calgary court Tuesday.
The Alberta Civil Trial Lawyers Association is arguing a cap on general damages for what are called minor injuries is discriminatory under the Canadian Charter of Rights and Freedoms.
"It singles out an identifiable group of injured Albertans and arbitrarily marginalizes them by saying you are less worthy or less deserving than other Albertans injured due to the fault of others," said Arthur Wilson, head of the association.
Bill 53 became law three years ago, limiting to $4,000 injuries involving soft-tissue damage, such as whiplash and sprains.
Damages should be assessed for each case because the recovery from these types of injuries can take months, Wilson said.
"Most of us think of a minor injury as being something trifling or wouldn't bother us for very long. It has in fact captured most soft-tissue injures, and about 80 per cent of Albertans injured in automobile collisions each year would have what are defined by this regulation as a minor injury."
The association is representing two women, Peari Morrow and Bria Pederson, who suffered what are considered to be minor injuries under the new rules in unrelated car accidents.
The trial starts this morning at Court of Queen's Bench and is expected to last several weeks.
